CHICAGO – Hundreds of immigration enforcement detainees from Illinois could be released, a federal judge said on Nov. 12, saying that "it seems highly unlikely that they’re drug traffickers or gang members or the assorted n’er do-wells ICE has claimed are the worst of the worst."

U.S. District Judge Jeffrey I. Cummings gave the oral ruling in federal court in Chicago in response to court filings saying the arrests were made unlawfully. The judge’s ruling comes nearly two months into President Donald Trump’s Operation Midway Blitz and could potentially set the stage to free many of the people detained during the immigration enforcement crackdown.

Filings from attorneys at the ACLU of Illinois are aiming to enforce an agreement Homeland Security officials made with the court in 2022 that limited the kinds of arrests the agency can make in the Chicago area. The process is known as a consent decree.

Among the restrictions are limitations on arrests made without a warrant or in vehicle stops. At least 13 immigration enforcement detainees are expected to be released Nov. 14. A group of around 600 could be ordered to be released Nov. 21. Attorneys for the detainees hope to eventually see whether all Midway Blitz detainees could be protected by the consent decree.

"It will show that this whole operation, the last two months of terrorizing neighborhoods and brutalizing people, has all been unlawful," said Mark Fleming, an attorney with the National Immigrant Justice Center. "All the tactics of Mr. Bovino have been unlawful."

Trump says the crackdown is needed to catch the “worst of the worst” criminal immigrants. Homeland Security officials have said "3,000 illegal aliens, including rapists, murderers, and gang members" have been arrested in connection with the blitz.

The lawsuit filed on behalf of the detainees aims to verify how many of people detained amid the crackdown are criminals and were lawfully arrested.

Cummings also gave an order on Nov. 12 barring the group of around 600 detainees referred to in court filings from being deported or agreeing to be deported. Attorneys for detainees said Cummings' order, called a stay, is essential because detainees unable to reach their clients have been either deported or agreed to be deported.

"These individuals may not know," Cummings said of the court proceedings that could potentially change the fate of their efforts to remain in the United States. "They’re not in the courtroom today and they may not have any way of knowing they’re going to be removed in a couple days."

Around 1,100 Chicago-area immigration detainees who may have been arrested in violation of the consent decree have already been deported or agreed to be deported, attorneys said in court.

"We’re concerned these individuals don’t even know their release is pending," said Mark Feldman, another National Immigrant Justice Center attorney. "We’re concerned they don’t know to have hope at this point."

The 600 detainees come from a group of people arrested by Immigration and Customs Enforcement agents between June and October. Immigration authorities are assessing if detainees pose a risk. Lawyers for the government said that of 400 assessed so far, around a dozen are considered a risk. Cummings said he would not allow detainees considered a risk to the public to be released. They would likely have to wear an ankle monitor while their immigration case is underway.

"This will enable them to remain in their communities, contributing to their families," said the judge, noting the ankle monitoring program is significantly cheaper than detainment at immigration enforcement facilities where conditions are reportedly poor.

Given how few have been considered a risk so far, the judge did not expect many more would be.

Fleming said that the group next hoped to get information on thousands of other detainees taken in during the Midway Blitz operation.

Michelle Garcia, another lawyer for detainees, said that the court proceedings in Illinois could form the basis for similar lawsuits over immigration arrests nationwide. Garcia said similar lawsuits are already being pursued in California and Colorado.

"What today’s ruling shows," said Garcia, "is there’s a path forward."

This article originally appeared on USA TODAY: Hundreds of immigration detainees from Chicago could be released from ICE custody

Reporting by Michael Loria, USA TODAY / USA TODAY

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